Group items tagged

The Israeli ministerial committee approved a bill, on Sunday, to extend laws regulated by the Israeli Knesset into the occupied West Bank.

adings before becoming law. Israeli settlers living in the occupied West Bank are, as of now, formally subject to military rule. The area’s 350,000 settlers, however, are effectively under the jurisdiction of Israeli civilian courts because parliament has already applied a clutch of laws to them, primarily criminal, tax and military conscription. The new draft bill would make it mandatory for the commander to issue, within a month and a half of a law’s passage in parliament, an identically-phrased military order, effectively ensuring that all ratified legislation also applies to settlers.

Furthermore, according to the new bill, Israelis living in the occupied West Bank will be under Israeli law, while Palestinians living in the same areas would remain under military rule. Director of the Jerusalem Legal Aid and Human Rights Centre, Issam Aruri, told Al Jazeera that this essentially means all Knesset permanent committees can exercise their oversight over the West Bank: “This means the Knesset may become responsible for certain parts of the West Bank, which may be a step towards the formal annexation of the occupied Palestinian territory without a formal announcement as such,” he said

Republican skeptics may not have enough power to overturn Defense Secretary Ash Carter’s order to open all combat positions to women. But some are delivering a more subtle warning: it could lead to registering all young women in America for the draft. The Pentagon’s move on Thursday did not include any requirement that women register with the Selective Service when they turn 18, as their male counterparts are required to do — and Carter demurred when a reporter asked about it.Story Continued Below But congressional Republicans already are raising that prospect, in what appears to be an effort to point out that the Pentagon hasn’t fully grappled with the implications of its historic decision to allow women into all front-line combat jobs. It is a delicate political gamble for lawmakers who don't want to appear sexist but also insist that some misgivings about the decision within the ranks deserve more attention. “If this goes through, it’s going to be mandated that women be drafted,” said Rep. Duncan Hunter of California, a Marine Corps veteran who served in Iraq and Afghanistan — and who maintains that women should still be barred from some combat roles. “If you’re going to have women in infantry units, if a draft ever occurred, America needs to realize that its daughters and sisters would be included." “The reason you draft people,” he added, “is because you have infantrymen dying.”

Pending before federal magistrate judge James Orenstein is the government’s request for an order obligating Apple, Inc. to unlock an iPhone and thereby assist prosecutors in decrypting data the government has seized and is authorized to search pursuant to a warrant. In an order questioning the government’s purported legal basis for this request, the All Writs Act of 1789 (AWA), Judge Orenstein asked Apple for a brief informing the court whether the request would be technically feasible and/or burdensome. After Apple filed, the court asked it to file a brief discussing whether the government had legal grounds under the AWA to compel Apple’s assistance. Apple filed that brief and the government filed a reply brief last week in the lead-up to a hearing this morning.

We’ve long been concerned about whether end users own software under the law. Software owners have rights of adaptation and first sale enshrined in copyright law. But software publishers have claimed that end users are merely licensees, and our rights under copyright law can be waived by mass-market end user license agreements, or EULAs. Over the years, Granick has argued that users should retain their rights even if mass-market licenses purport to take them away. The government’s brief takes advantage of Apple’s EULA for iOS to argue that Apple, the software publisher, is responsible for iPhones around the world. Apple’s EULA states that when you buy an iPhone, you’re not buying the iOS software it runs, you’re just licensing it from Apple. The government argues that having designed a passcode feature into a copy of software which it owns and licenses rather than sells, Apple can be compelled under the All Writs Act to bypass the passcode on a defendant’s iPhone pursuant to a search warrant and thereby access the software owned by Apple. Apple’s supplemental brief argues that in defining its users’ contractual rights vis-à-vis Apple with regard to Apple’s intellectual property, Apple in no way waived its own due process rights vis-à-vis the government with regard to users’ devices. Apple’s brief compares this argument to forcing a car manufacturer to “provide law enforcement with access to the vehicle or to alter its functionality at the government’s request” merely because the car contains licensed software. 

This is an interesting twist on the decades-long EULA versus users’ rights fight. As far as we know, this is the first time that the government has piggybacked on EULAs to try to compel software companies to provide assistance to law enforcement. Under the government’s interpretation of the All Writs Act, anyone who makes software could be dragooned into assisting the government in investigating users of the software. If the court adopts this view, it would give investigators immense power. The quotidian aspects of our lives increasingly involve software (from our cars to our TVs to our health to our home appliances), and most of that software is arguably licensed, not bought. Conscripting software makers to collect information on us would afford the government access to the most intimate information about us, on the strength of some words in some license agreements that people never read. (And no wonder: The iPhone’s EULA came to over 300 pages when the government filed it as an exhibit to its brief.)